Compliances
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derivative works based on the Program, in whole or in part.
(iii) Publish, disclose, copy, reproduce or transmit the Program, in whole or in part.
(iv) Assign, sell, license, sublicense, rent, lease, encumber by way of security
interest, pledge or otherwise transfer the Program, in whole or in part.
(v) Remove any copyright, trademark, proprietary rights, disclaimer or warning
notice included on or embedded in any part of the Program.
3. APPLICABLE LAW. This Agreement shall be interpreted and governed under the
laws and in the state and federal courts of the Commonwealth of Massachusetts
without regard to its conflicts of laws provisions. You accept the personal jurisdiction
and venue of the Commonwealth of Massachusetts courts. None of the 1980 United
Nations Convention on Contracts for the International Sale of Goods, the United
Nations Convention on the Limitation Period in the International Sale of Goods, and
the Uniform Computer Information Transactions Act shall apply to this Agreement.
4. EXPORT RESTRICTIONS. You understand that Enterasys and its Affiliates are
subject to regulation by agencies of the U.S. Government, including the U.S.
Department of Commerce, which prohibit export or diversion of certain technical
products to certain countries, unless a license to export the Program is obtained from
the U.S. Government or an exception from obtaining such license may be relied upon
by the exporting party.
If the Program is exported from the United States pursuant to the License Exception
CIV under the U.S. Export Administration Regulations, You agree that You are a civil
end user of the Program and agree that You will use the Program for civil end uses
only and not for military purposes.
If the Program is exported from the United States pursuant to the License Exception
TSR under the U.S. Export Administration Regulations, in addition to the restriction
on transfer set forth in Section 1 or 2 of this Agreement, You agree not to (i) reexport
or release the Program, the source code for the Program or technology to a national
of a country in Country Groups D:1 or E:2 (Albania, Armenia, Azerbaijan, Belarus,
Cambodia, Cuba, Georgia, Iraq, Kazakhstan, Laos, Libya, Macau, Moldova,
Mongolia, North Korea, the People’s Republic of China, Russia, Tajikistan,
Turkmenistan, Ukraine, Uzbekistan, Vietnam, or such other countries as may be
designated by the United States Government), (ii) export to Country Groups D:1 or
E:2 (as defined herein) the direct product of the Program or the technology, if such
foreign produced direct product is subject to national security controls as identified on
the U.S. Commerce Control List, or (iii) if the direct product of the technology is a
complete plant or any major component of a plant, export to Country Groups D:1 or
E:2 the direct product of the plant or a major component thereof, if such foreign
produced direct product is subject to national security controls as identified on the
U.S. Commerce Control List or is subject to State Department controls under the U.S.
Munitions List.